Disposed

M/S J.C. Goel and Co. and Others v. M/S Partap Mills and Others

Punjab & Haryana HC8 Feb 2023CR/899/2023

Case brief

AI extract

What is this about?

Common order disposing four revision petitions challenging warrants of possession issued by the Executing Court. The High Court stayed the warrants on proof of up-to-date mesne profit payment and directed the Appellate Authority to decide the pending eviction appeal within two months.

What did the court decide?

Impugned warrants of possession put on hold subject to proof of up-to-date mesne profit payment within two weeks.

M/S J.C. Goel and Co. and Others Vs M/S… — Execution and Attachment | Punjab & Haryana HC (2023)

¶1

CR-899-2023 (O&M), CR-900-2023 (O&M), CR-902-2023 (O&M) & CR-904-2023 (O&M)

¶2

116

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

Date of decision: February 08, 2023 1. CR-899-2023 (O&M) M/s J.C. Goel & Co. and others ….Petitioners versus M/s Partap Mills and another ….Respondents 2. CR-900-2023 (O&M) M/s Atma Ram Piare Lal and another ….Petitioners versus M/s Partap Mills and another ….Respondents 3. CR-902-2023 (O&M) M/s Khalsa Raj Store and another ….Petitioners versus M/s Partap Mills and another ….Respondents 4. CR-904-2023 (O&M) Charan Dass ….Petitioner versus M/s Partap Mills and others ….Respondents CORAM: HON’BLE MR. JUSTICE ARUN MONGA Present: - Mr. Rohan Garg, Advocate for the petitioner(s). Mr. Namit Gautam, Advocate for the landlords.

¶5

MAHAVIR SINGH 2023.02.14 18:10 I attest to the accuracy and authenticity of this order/ judgment

¶6

��

¶7

CR-899-2023 (O&M), CR-900-2023 (O&M), CR-902-2023 (O&M) & CR-904-2023 (O&M)

¶8

¶9

ARUN MONGA, J. (ORAL)

¶10

Vide this common order and judgment, above-mentioned four revision petitions are being disposed of, since the issues and facts raised therein are common. For brevity, recitals are taken from CR-899-2023.

¶11

Revision petition is against impugned order dated 18.01.2023 passed by learned Executing Court, whereby warrants of possession have been issued due to non-deposit of mesne profit, as ordered by learned Appellate Authority vide its order dated 25.02.2021 (Annexure P-5).

¶12

Succinct factual background first, as pleaded in petition. Respondent-landlords filed rent petition in the Court of learned Rent Controller, Khanna for eviction of petitioners from demised premises. Learned Rent Controller, after appraisal of evidence adduced by both parties, vide judgment/ order dated 04.01.2019 (Annexure P-3) allowed rent petition and eviction order was passed. Petitioner-tenants challenged said judgment/ order before learned Appellate Authority. During pendency of said appeal, respondent-landlords filed an application for assessment of mesne profit. Vide order dated 25.02.2021 (Annexure P-5), learned Appellate Authority stayed operation of order/ judgment dated 04.01.2019 till pendency of appeal; and also determined mesne profits as Rs.4,232/- per month ( in CR-899-2023 ), Rs.957/- per month ( in CR-900-2023 ), Rs.2,409/- per month ( in CR-902-2023 ) and Rs.3,949/- ( in CR-904-2023 )along with a contractual rate of rent of Rs.30/-. In compliance of said order, petitioners deposited mesne profits

¶13

MAHAVIR SINGH 2023.02.14 18:10 I attest to the accuracy and authenticity of this order/ judgment

¶14

��

¶15

CR-899-2023 (O&M), CR-900-2023 (O&M), CR-902-2023 (O&M) & CR-904-2023 (O&M)

¶16

either in the Court of learned Rent Controller or through demand draft. Petitioners are not in arrears of mesne profits as on the date of passing of

¶17

impugned order.

¶18

3.1 On 27.10.2022, respondent-landlords filed an application before learned Executing Court, for issuance of warrants of possession due to non-deposit of mesne profits. Vide impugned order dated 18.01.2023, learned Executing Court decided the said application and issued warrants of possession.

¶19

I have heard rival contentions of both sides and perused

¶20

record.

¶21

It transpires that as many as 87 adjournments have been granted by learned Appellate Authority to decide the appeal against ejectment order dated 04.01.2019 passed by learned Rent Controller. Petitioner is before this Court stating that ejectment order was stayed vide order dated 25.02.2021 (Annexure P-5) subject to payment of mesne profits@ Rs.4,232/- per month ( in CR-899-2023 ), Rs.957/- per month ( in CR-900-2023 ), Rs.2,409/- per month ( in CR-902-2023 ) and Rs.3,949/- ( in CR-904-2023 ) along with a contractual rent for payment to the respondent-landlords, by 10^th day of every month; but owing to financial constraints and business loss, said deposits could not be made regularly though as on today, all the arrears have been paid by way of consolidated amount, before learned Appellate Authority. Said statement of payment of up-to-date arrears is though disputed by learned counsel

¶22

MAHAVIR SINGH 2023.02.14 18:10 I attest to the accuracy and authenticity of this order/ judgment

¶23

��

¶24

CR-899-2023 (O&M), CR-900-2023 (O&M), CR-902-2023 (O&M) & CR-904-2023 (O&M)

¶25

for respondent-landlord, who appears in the Court having got the knowledge of present proceedings through cause list.

¶26

Be that as it may, subject to proof of furnishing up-to-date payment of mesne profits as on today, within a period of 2 weeks, impugned warrants of possession shall be put on hold, subject to final outcome of pending appeal before learned Appellate Authority.

¶27

Keeping in view umpteen number of opportunities already accorded to the petitioners to address arguments, but needful having since not been done perhaps to deliberately delay the proceedings, though written arguments are stated to have already been submitted. In the premise, learned Appellate Authority is requested to not grant any further adjournment in the pending appeal and dispose of the same as expeditiously as possible, but not later than 2 months from today. In case, petitioners choose not to address arguments, since written arguments have already been submitted, learned Appellate Authority shall be at liberty to proceed on the basis of record.

¶28

Disposed of, accordingly.

¶29

Pending application(s), if any, shall also stand disposed of.

¶30

(ARUN MONGA) JUDGE

¶31

February 08, 2023 mahavir Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

¶32

MAHAVIR SINGH 2023.02.14 18:10 I attest to the accuracy and authenticity of this order/ judgment

¶33

��

M/S J.C. Goel and Co. and Others v. M/S Partap Mills and Others

Case brief

What is this about?

What did the court decide?

M/S J.C. Goel and Co. and Others v. M/S Partap Mills and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Major Singh Vs Mohinder Singh

(O&M) State of Haryana and Others Vs Kaushalya Devi

Chander Singh (Since Deceased) through Lrs and Anr. Vs Hajura Singh and Ors.

Gurjit Singh and Ors. Vs Sita Ram and Ors.

Gurjit Singh and Ors. Vs Sita Ram and Ors.

Surjeet Kaur Vs Surjeet Singh and Anr.